Mandatory and directory provisions

J
Interpretation Of
Statutes
Assignment
Jefin Shaji
Mandatory &
Directory Provisions
What is Mandatory Provision.
▪ Mandatory Enactments or Statutes means such Statutes whose
provisions are required to be followed as they are. Their
performance can neither be avoided nor can be construed. They
cannot be ignored also.
What is Directory Provision
▪ Directory Enactments means such enactments which or whose
provisions are not required to be followed as they are. Their
performance or non-performance depends upon discretion. On non-
performance of such enactments, no sanction could be imposed.
▪ performances of Mandatory enactments are a legal binding whereas the
performance of directory enactments is voluntary, optional, or discretion.
Case Laws:
▪ Hari Mshnu Kanaath v/s Ahmed Ishaq (1955 S.C.R) the meaning
of Mandatory and Directory Enactments was clarified and it was
said that it is compulsory to strictly and literally perform
Mandatory enactments whereas the performance of Directory
Enactments is voluntary and discretionary. Non-performance of
Mandatory Enactments shall be penalized non-performance of
directory Enactments cannot be penalized.
▪ Jagannath v/s Jaswant Singh (AIR 1954 S.C. 210) – Both types
of enactments are defined, while holding that those enactments
which are to be followed compulsorily are Mandatory Enactments.
Those enactments have the provision of sanction on non-
performance.
▪ Punjab Co-operative Bank Ltd. Amritsar v/s Commissioner of
Income Tax, Lahore (A I R 1940 P.C. 230) :Privy Council held
that Mandatory enactments are capable of being strictly followed
while Directory enactments could be sufficient to Perform
summarily.
▪ Vijay Kumar Vishwash v/s Navjug Large Size Cooperative
Agricultural Credit Society Ltd. (A. I R 1998 Calcutta
216) Calcutta High Court said about Mandatory and Directory
Enactments that a definite time is fixed for the performance of the
statute, it shall be Directory and not mandatory
Determination of Mandatory or Statutory
Provision
Its determination depends upon two points
(a) Language of Statute or Enactment: and
(b) Intention of law
▪ Nasiruddin v/s Sitaram Agrawal (A.l R 2003 S C. 1543) supreme
Court also decided that the Mandatory or Directory Nature of any
Statute could be determined by two points-—the language of the
statute and the intention of the legislature.
In respect to the performance of statute following words are used:
▪ shall:
▪ may:
▪ must:
▪ It must be lawful. and
▪ As he deems fit, etc.
These words should be understood in their natural sense while
construing. Also, the intention of the legislature should be kept in
mind.
The use of ‘Shall’
▪ When any statute uses ‘Shall’ then it shall be construed firstly as
Mandatory provision. (State of Uttar Pradesh v/s Baburam, A.I.R
1961 S.C. 751).
This is not an absolute rule.
▪ Shariffuddin v/s Abdul Gani (A.I.R. 1980 S.C. 303) : Supreme
Court said that while ‘interpreting the word ‘Shall’, the intention of
the legislature should be considered and to know the intention of
legislature, Content, imagination, etc. of statutes should be
considered.
The use of ‘May’
▪ The word ‘May’ represent optional or discretionary acts or ifs
provision. In other words. It could be said that. The word ‘May’
used in statute represents the discretionary powers of performance
of that statute or its provision, (M. Jagmohan Reddy v/s Deputy
Secretary, AIR, 1982 Andhra Pradesh 182).
▪ But. If liability has been imposed along with the discretion of
public authority in a statute, the word ‘May’ be construed as ‘shall’
or ‘must’ (Ranga Swami v/s Sagar Textile Mills, A, I.R. 1977 S C.
1516),
Similarly, if any provision contains both ‘Shall’ and ‘May’, then these
words should be construed as Mandatory and Directory respectively.
But this is also not an absolute rule. Ganesh Prasad v/sLakshmi
Narain (A I R. 1995 S (1964) : It was said that in such matters,
words should be construed in accordance with the intention of the
legislature even though it may be in a different form.
The use of ‘Must’
▪ The word ‘Must’ represents compulsorily as mandatory. Such
words should be construed as to be performed compulsorily. There
is no place for Discretion
‘It must be Lawful’
▪ The phrase ‘It must be Lawful’ represents duty. It includes both
duties and powers. It provides powers to perform and function and
simultaneously also imposes duty with it. Such provisions are
required to be performed
▪ Lord Blackburn says that the words ‘it shall be lawful’ are not
ambiguous. This is a phrase that provides power and
jurisdiction. [Julius v/s Bishop of Oxford, (1880) 5 A.C. 214]
‘As he deems fit’
▪ The Expression ‘As he deems fit’ represents discretionary powers
to do an act. It depends upon the discretion of the Court to do any
act or not. But it does not mean that the Court can act voluntarily.
Courts are required to use this discretionary power in Accordance
with Judicial Principles.
Intention of Legislature
▪ In ‘Raza Buland Sugar Co. Limitred V. Municipal Board, Rampur’ –
1964 (10) TMI 82 - a Constitution Bench of the Supreme Court held that the
question whether a provision is mandatory or directory, cannot be resolved
by laying down any general rule and it would depend upon the facts of each
case. As to whether a provision is mandatory or directory, would, in the
ultimate analysis, depend upon the intent of the law maker and that has to be
gathered not only from the phraseology of the provision but also by
considering the nature, its design and the consequence which would follow
from construing it in one way or the other. The Court has to consider the
purpose for which the provision had been made, its nature, the intention of
the legislature in making the provision, the serious general inconvenience or
injustice to persons resulting there from when the provision is read one way
or the other, the relation of the particular provision to other provisions
dealing with the same subject as well as other considerations which may
arise on the facts of a particular case, including the language of the
provision.
Procedural Provisions
▪ Generally, procedural provision is Considered of Directory Nature,
provided that the intention of the legislature is not otherwise, but it
is also not an absolute rule or principle. Provisions regarding the
procedure can be Mandatory also.
▪ Raghunath v/s Sunder Das (A.I.R. 42 Kolkata 72) Provisions of
Code of Civil Procedure. 1908 were considered to be Mandatory
Nature.
Public Duties & Private Duties
▪ In ‘Dattatraya Moreshwar Vs. The State of Bombay and others’ –
1952 (3) TMI 32 - it was held that it is well settled that generally
speaking the provisions of the statute creating public duties are
directory and those conferring private rights are imperative. When
the provisions of a statute relate to the performance of a public duty
and the case is such that to hold null and void acts done in neglect
of this duty would work serious general inconvenience or injustice
to persons who have no control over those entrusted with the duty
and at the same time would not promote the main object of
legislature, it has been the practice of the courts to hold such
provisions to be directory only the neglect of them not affecting the
validity of the acts done.
Time Related Provisions
▪ Where there is the provision of performing an act within a time
period, there shall be considered to be of Mandatory Nature
otherwise Directory. In other words, it can be said that where time
is the essence of the contract, such provisions are of Mandatory
Nature Bhavnagar University v/s Palitana Sugar Mills Ltd. (A
R2003 S.C. 511) : It was held where the limitation to do an act and
its consequences have been expressed, their such provisions should
be deemed Mandatory.
▪ If the legislature intents to completion of an act within a definite
time period, then this intention is required to be provided in the
statute, (Hindustan Life Insurance Company V/ s Life Insurance
Corporation, A.I.R 1963 S.C. 1083).
Conclusion
▪ There are various tests to determine whether a particular provision
of statute is “mandatory” or “directory” in nature. Lord Campbell
said that no universal rule can be laid down as to whether
mandatory enactments shall be considered directory only or
obligatory with an implied nullification for disobedience.
▪ Based on various judgements, it can be said that:
▪ any time limits prescribed in a subordinate legislation can only
be termed as directory;
▪ a provision as to whether it is ‘mandatory’ or ‘director’ would
depend upon the object of the enactment; and
▪ the consequences of violating the provision must not affect the
interest of the other party and would defeat the purpose of the
enactment.
1 de 19

Recomendados

Interpretation of statutes por
Interpretation of statutesInterpretation of statutes
Interpretation of statutesPrerak Bhavsar
5.2K visualizações38 slides
Interpretation of Penal Statutes por
Interpretation of Penal StatutesInterpretation of Penal Statutes
Interpretation of Penal StatutesMANIPAL UNIVERSITY JAIPUR
10.2K visualizações8 slides
Casus omissus, interpretation of statutes por
Casus omissus, interpretation of statutesCasus omissus, interpretation of statutes
Casus omissus, interpretation of statutespoonamraj2010
34.1K visualizações14 slides
7118910 interpretation-of-statutes por
7118910 interpretation-of-statutes7118910 interpretation-of-statutes
7118910 interpretation-of-statutesAditya Singh
32.6K visualizações55 slides
Noscitor a sociis por
Noscitor a sociisNoscitor a sociis
Noscitor a sociisSUBHAM AGRAWAL
10.3K visualizações19 slides
Interpretation of statute por
Interpretation of statuteInterpretation of statute
Interpretation of statuteHimanshu Agarwal
46.7K visualizações47 slides

Mais conteúdo relacionado

Mais procurados

Extenal aids to construction of Law por
Extenal aids to construction of LawExtenal aids to construction of Law
Extenal aids to construction of LawTejas Shah
21.4K visualizações24 slides
Transfer of property act 1882 who can transfer por
Transfer of property  act 1882 who can transferTransfer of property  act 1882 who can transfer
Transfer of property act 1882 who can transferDr. Vikas Khakare
16.7K visualizações30 slides
Strict interpretation [penal] por
Strict interpretation [penal]Strict interpretation [penal]
Strict interpretation [penal]SUBHAM AGRAWAL
17.5K visualizações12 slides
Internal aids of interpretation and construction of statutes por
Internal aids of interpretation and construction of statutesInternal aids of interpretation and construction of statutes
Internal aids of interpretation and construction of statutesgagan deep
2K visualizações20 slides
Administrative law por
Administrative lawAdministrative law
Administrative lawAbhijith Muralisudha
90.7K visualizações30 slides
Ejusdem generis por
Ejusdem generisEjusdem generis
Ejusdem generisSUBHAM AGRAWAL
14.9K visualizações29 slides

Mais procurados(20)

Extenal aids to construction of Law por Tejas Shah
Extenal aids to construction of LawExtenal aids to construction of Law
Extenal aids to construction of Law
Tejas Shah21.4K visualizações
Transfer of property act 1882 who can transfer por Dr. Vikas Khakare
Transfer of property  act 1882 who can transferTransfer of property  act 1882 who can transfer
Transfer of property act 1882 who can transfer
Dr. Vikas Khakare16.7K visualizações
Strict interpretation [penal] por SUBHAM AGRAWAL
Strict interpretation [penal]Strict interpretation [penal]
Strict interpretation [penal]
SUBHAM AGRAWAL17.5K visualizações
Internal aids of interpretation and construction of statutes por gagan deep
Internal aids of interpretation and construction of statutesInternal aids of interpretation and construction of statutes
Internal aids of interpretation and construction of statutes
gagan deep2K visualizações
Administrative law por Abhijith Muralisudha
Administrative lawAdministrative law
Administrative law
Abhijith Muralisudha90.7K visualizações
Ejusdem generis por SUBHAM AGRAWAL
Ejusdem generisEjusdem generis
Ejusdem generis
SUBHAM AGRAWAL14.9K visualizações
Rule of last antecedent por nishidh41
Rule of last antecedentRule of last antecedent
Rule of last antecedent
nishidh4110.2K visualizações
Rules of statutory Interpretation por sundarsasane
Rules of statutory Interpretation Rules of statutory Interpretation
Rules of statutory Interpretation
sundarsasane35.6K visualizações
Contracts in Private International Law por carolineelias239
Contracts in Private International LawContracts in Private International Law
Contracts in Private International Law
carolineelias23911.2K visualizações
Rules of statutary interpretation PPT By Rajashree J Jawale por sundarsasane
Rules of statutary interpretation PPT By Rajashree J JawaleRules of statutary interpretation PPT By Rajashree J Jawale
Rules of statutary interpretation PPT By Rajashree J Jawale
sundarsasane8K visualizações
Kinds of Statutes in Law por KhyatiTongia
Kinds of Statutes in LawKinds of Statutes in Law
Kinds of Statutes in Law
KhyatiTongia7.1K visualizações
Harmonius construction por Arun Bharti
Harmonius constructionHarmonius construction
Harmonius construction
Arun Bharti15.7K visualizações
Crpc - Rights of an Arrested Person por KhyatiTongia
Crpc  - Rights of an Arrested PersonCrpc  - Rights of an Arrested Person
Crpc - Rights of an Arrested Person
KhyatiTongia4.1K visualizações
Specific relief act.ppt por Amaresh Patel
Specific relief act.pptSpecific relief act.ppt
Specific relief act.ppt
Amaresh Patel12.7K visualizações
Aids of interpretation por SUBHAM AGRAWAL
Aids of interpretationAids of interpretation
Aids of interpretation
SUBHAM AGRAWAL14.9K visualizações
Estoppel and Its Kind por A K DAS's | Law
Estoppel and Its KindEstoppel and Its Kind
Estoppel and Its Kind
A K DAS's | Law16.9K visualizações
Execution under cpc order 21 por gagan deep
Execution under cpc order 21Execution under cpc order 21
Execution under cpc order 21
gagan deep4.6K visualizações
Doctrine of Lis Pendens por Law Laboratory
Doctrine of Lis PendensDoctrine of Lis Pendens
Doctrine of Lis Pendens
Law Laboratory5.2K visualizações
Classification of cause of action / characterisation por carolineelias239
Classification of cause of action / characterisationClassification of cause of action / characterisation
Classification of cause of action / characterisation
carolineelias23910.7K visualizações
Jurisprudence its meaning, nature and scope por anjalidixit21
Jurisprudence   its meaning, nature and scopeJurisprudence   its meaning, nature and scope
Jurisprudence its meaning, nature and scope
anjalidixit214.4K visualizações

Similar a Mandatory and directory provisions

722646_1613896290.pptx por
722646_1613896290.pptx722646_1613896290.pptx
722646_1613896290.pptxAvishiRaj
5 visualizações18 slides
Principles of Interpretation of Statute por
Principles of Interpretation of StatutePrinciples of Interpretation of Statute
Principles of Interpretation of StatuteBhriguraj Mourya
398 visualizações93 slides
Aids-to-interpretation.pptx por
Aids-to-interpretation.pptxAids-to-interpretation.pptx
Aids-to-interpretation.pptxPrachi948045
280 visualizações68 slides
BENEFICIAL CONSTRUCTION.pptx por
BENEFICIAL CONSTRUCTION.pptxBENEFICIAL CONSTRUCTION.pptx
BENEFICIAL CONSTRUCTION.pptxBhartiPathariya
330 visualizações42 slides
Interpretation of statutes por
Interpretation of statutesInterpretation of statutes
Interpretation of statutesAtul Kumar Suryavanshi
207 visualizações33 slides
Doctrine of Strict Construction.pptx por
Doctrine of Strict Construction.pptxDoctrine of Strict Construction.pptx
Doctrine of Strict Construction.pptxrishabkumar919325
65 visualizações17 slides

Similar a Mandatory and directory provisions(20)

722646_1613896290.pptx por AvishiRaj
722646_1613896290.pptx722646_1613896290.pptx
722646_1613896290.pptx
AvishiRaj5 visualizações
Principles of Interpretation of Statute por Bhriguraj Mourya
Principles of Interpretation of StatutePrinciples of Interpretation of Statute
Principles of Interpretation of Statute
Bhriguraj Mourya398 visualizações
Aids-to-interpretation.pptx por Prachi948045
Aids-to-interpretation.pptxAids-to-interpretation.pptx
Aids-to-interpretation.pptx
Prachi948045280 visualizações
BENEFICIAL CONSTRUCTION.pptx por BhartiPathariya
BENEFICIAL CONSTRUCTION.pptxBENEFICIAL CONSTRUCTION.pptx
BENEFICIAL CONSTRUCTION.pptx
BhartiPathariya330 visualizações
Doctrine of Strict Construction.pptx por rishabkumar919325
Doctrine of Strict Construction.pptxDoctrine of Strict Construction.pptx
Doctrine of Strict Construction.pptx
rishabkumar91932565 visualizações
19570_1601695214.docx por ANKITAGUPTA480449
19570_1601695214.docx19570_1601695214.docx
19570_1601695214.docx
ANKITAGUPTA48044912 visualizações
ANALYZING THE CONSTITUTIONAL RULES OF INTERPRETATION por Anushka Singh
ANALYZING THE CONSTITUTIONAL RULES OF INTERPRETATIONANALYZING THE CONSTITUTIONAL RULES OF INTERPRETATION
ANALYZING THE CONSTITUTIONAL RULES OF INTERPRETATION
Anushka Singh506 visualizações
Rule of Strict Interpretation (Penal and Tax Statutes).pptx por FahadVGT1
Rule of Strict Interpretation (Penal and Tax Statutes).pptxRule of Strict Interpretation (Penal and Tax Statutes).pptx
Rule of Strict Interpretation (Penal and Tax Statutes).pptx
FahadVGT1446 visualizações
Interpretation of Statues PPT.pdf por Tejasvini Khemaji
Interpretation of Statues PPT.pdfInterpretation of Statues PPT.pdf
Interpretation of Statues PPT.pdf
Tejasvini Khemaji56 visualizações
Colorable legislation por Aditya Singh
Colorable legislationColorable legislation
Colorable legislation
Aditya Singh11.2K visualizações
How to read Law(Akhil) por Akhil Agarwal
How to read Law(Akhil)How to read Law(Akhil)
How to read Law(Akhil)
Akhil Agarwal213 visualizações
Interpretation of Securities Laws por Manoj Singh Bisht
Interpretation of Securities LawsInterpretation of Securities Laws
Interpretation of Securities Laws
Manoj Singh Bisht464 visualizações
Chapter 01 Sources Of Law por Robin Kapoor
Chapter 01   Sources Of LawChapter 01   Sources Of Law
Chapter 01 Sources Of Law
Robin Kapoor133.9K visualizações
Ios paper presentation por pjadhav79
Ios paper presentationIos paper presentation
Ios paper presentation
pjadhav7958 visualizações
Constitutional Validly Of Delegated Administration & Control Over.pptx por DeliriumTooHigh
Constitutional Validly Of Delegated Administration & Control Over.pptxConstitutional Validly Of Delegated Administration & Control Over.pptx
Constitutional Validly Of Delegated Administration & Control Over.pptx
DeliriumTooHigh10 visualizações
interpretation of statues.pdf por Tanu873113
interpretation of statues.pdfinterpretation of statues.pdf
interpretation of statues.pdf
Tanu8731133 visualizações
INTERPRETATION OF STATUTE por cpjcollege
INTERPRETATION OF STATUTEINTERPRETATION OF STATUTE
INTERPRETATION OF STATUTE
cpjcollege34.5K visualizações
Writs and Contracts Presentation por Shubham Bharti
Writs and Contracts PresentationWrits and Contracts Presentation
Writs and Contracts Presentation
Shubham Bharti1.4K visualizações
Statutes affecting the crown por Vishy Vincent
Statutes affecting the crownStatutes affecting the crown
Statutes affecting the crown
Vishy Vincent8.3K visualizações

Último

5 Common H-1B Cap 2025 Filing Mistakes: How To Overcome Them? por
5 Common H-1B Cap 2025 Filing Mistakes: How To Overcome Them?5 Common H-1B Cap 2025 Filing Mistakes: How To Overcome Them?
5 Common H-1B Cap 2025 Filing Mistakes: How To Overcome Them?VisaPro Immigration Services LLC
15 visualizações22 slides
Baromètre Women's Forum 2023 por
Baromètre Women's Forum 2023Baromètre Women's Forum 2023
Baromètre Women's Forum 2023Ipsos France
25 visualizações29 slides
Criminology- Disparity in Sentencing Policy por
Criminology- Disparity in Sentencing PolicyCriminology- Disparity in Sentencing Policy
Criminology- Disparity in Sentencing Policyashishjadhav567998
7 visualizações17 slides
How To Protect Property and Other Assets During Divorce.pdf por
How To Protect Property and Other Assets During Divorce.pdfHow To Protect Property and Other Assets During Divorce.pdf
How To Protect Property and Other Assets During Divorce.pdfIsabella Barry
6 visualizações12 slides
Deron Freeman_ A Legal Journey Marked by Excellence and Dedication.docx por
Deron Freeman_ A Legal Journey Marked by Excellence and Dedication.docxDeron Freeman_ A Legal Journey Marked by Excellence and Dedication.docx
Deron Freeman_ A Legal Journey Marked by Excellence and Dedication.docxDeronFreeman
14 visualizações3 slides
H1B 2025 Predictions: Will There Be A H-1B Lottery Again? por
H1B 2025 Predictions: Will There Be A H-1B Lottery Again?H1B 2025 Predictions: Will There Be A H-1B Lottery Again?
H1B 2025 Predictions: Will There Be A H-1B Lottery Again?VisaPro Immigration Services LLC
27 visualizações20 slides

Último(15)

Baromètre Women's Forum 2023 por Ipsos France
Baromètre Women's Forum 2023Baromètre Women's Forum 2023
Baromètre Women's Forum 2023
Ipsos France25 visualizações
Criminology- Disparity in Sentencing Policy por ashishjadhav567998
Criminology- Disparity in Sentencing PolicyCriminology- Disparity in Sentencing Policy
Criminology- Disparity in Sentencing Policy
ashishjadhav5679987 visualizações
How To Protect Property and Other Assets During Divorce.pdf por Isabella Barry
How To Protect Property and Other Assets During Divorce.pdfHow To Protect Property and Other Assets During Divorce.pdf
How To Protect Property and Other Assets During Divorce.pdf
Isabella Barry6 visualizações
Deron Freeman_ A Legal Journey Marked by Excellence and Dedication.docx por DeronFreeman
Deron Freeman_ A Legal Journey Marked by Excellence and Dedication.docxDeron Freeman_ A Legal Journey Marked by Excellence and Dedication.docx
Deron Freeman_ A Legal Journey Marked by Excellence and Dedication.docx
DeronFreeman14 visualizações
Religious Freedom, Registration Issues and the Colonial Legacy of State Recog... por Cometan
Religious Freedom, Registration Issues and the Colonial Legacy of State Recog...Religious Freedom, Registration Issues and the Colonial Legacy of State Recog...
Religious Freedom, Registration Issues and the Colonial Legacy of State Recog...
Cometan7 visualizações
Navigating Divorce Law in Ontario: A Practical Guide por BTL Law P.C.
Navigating Divorce Law in Ontario: A Practical GuideNavigating Divorce Law in Ontario: A Practical Guide
Navigating Divorce Law in Ontario: A Practical Guide
BTL Law P.C.5 visualizações
Trademark-Case Study.pdf por HetviJoshi4
Trademark-Case Study.pdfTrademark-Case Study.pdf
Trademark-Case Study.pdf
HetviJoshi46 visualizações
Response to theft and fraud by the Office of the Comptroller of the Currency por RealLifeMurderMyster
Response to theft and fraud by the Office of the Comptroller of the CurrencyResponse to theft and fraud by the Office of the Comptroller of the Currency
Response to theft and fraud by the Office of the Comptroller of the Currency
RealLifeMurderMyster20 visualizações
Estate Planning Attorneys Houston - houston-probate-law.com por Kreig Law
Estate Planning Attorneys Houston - houston-probate-law.comEstate Planning Attorneys Houston - houston-probate-law.com
Estate Planning Attorneys Houston - houston-probate-law.com
Kreig Law37 visualizações
How is the Inheritance Divided in Italy? por BridgeWest.eu
How is the Inheritance Divided in Italy?How is the Inheritance Divided in Italy?
How is the Inheritance Divided in Italy?
BridgeWest.eu5 visualizações
Jackpocket v. Lottomatrix fee petition order.pdf por Mike Keyes
Jackpocket v. Lottomatrix fee petition order.pdfJackpocket v. Lottomatrix fee petition order.pdf
Jackpocket v. Lottomatrix fee petition order.pdf
Mike Keyes11 visualizações
Megandco Aesthetics por dominiquebroder78
Megandco AestheticsMegandco Aesthetics
Megandco Aesthetics
dominiquebroder7810 visualizações
3 Role Of A DUI Lawyer por EstellaPickford
3 Role Of A DUI Lawyer3 Role Of A DUI Lawyer
3 Role Of A DUI Lawyer
EstellaPickford5 visualizações

Mandatory and directory provisions

  • 3. What is Mandatory Provision. ▪ Mandatory Enactments or Statutes means such Statutes whose provisions are required to be followed as they are. Their performance can neither be avoided nor can be construed. They cannot be ignored also.
  • 4. What is Directory Provision ▪ Directory Enactments means such enactments which or whose provisions are not required to be followed as they are. Their performance or non-performance depends upon discretion. On non- performance of such enactments, no sanction could be imposed. ▪ performances of Mandatory enactments are a legal binding whereas the performance of directory enactments is voluntary, optional, or discretion.
  • 5. Case Laws: ▪ Hari Mshnu Kanaath v/s Ahmed Ishaq (1955 S.C.R) the meaning of Mandatory and Directory Enactments was clarified and it was said that it is compulsory to strictly and literally perform Mandatory enactments whereas the performance of Directory Enactments is voluntary and discretionary. Non-performance of Mandatory Enactments shall be penalized non-performance of directory Enactments cannot be penalized.
  • 6. ▪ Jagannath v/s Jaswant Singh (AIR 1954 S.C. 210) – Both types of enactments are defined, while holding that those enactments which are to be followed compulsorily are Mandatory Enactments. Those enactments have the provision of sanction on non- performance. ▪ Punjab Co-operative Bank Ltd. Amritsar v/s Commissioner of Income Tax, Lahore (A I R 1940 P.C. 230) :Privy Council held that Mandatory enactments are capable of being strictly followed while Directory enactments could be sufficient to Perform summarily. ▪ Vijay Kumar Vishwash v/s Navjug Large Size Cooperative Agricultural Credit Society Ltd. (A. I R 1998 Calcutta 216) Calcutta High Court said about Mandatory and Directory Enactments that a definite time is fixed for the performance of the statute, it shall be Directory and not mandatory
  • 7. Determination of Mandatory or Statutory Provision Its determination depends upon two points (a) Language of Statute or Enactment: and (b) Intention of law ▪ Nasiruddin v/s Sitaram Agrawal (A.l R 2003 S C. 1543) supreme Court also decided that the Mandatory or Directory Nature of any Statute could be determined by two points-—the language of the statute and the intention of the legislature.
  • 8. In respect to the performance of statute following words are used: ▪ shall: ▪ may: ▪ must: ▪ It must be lawful. and ▪ As he deems fit, etc. These words should be understood in their natural sense while construing. Also, the intention of the legislature should be kept in mind.
  • 9. The use of ‘Shall’ ▪ When any statute uses ‘Shall’ then it shall be construed firstly as Mandatory provision. (State of Uttar Pradesh v/s Baburam, A.I.R 1961 S.C. 751). This is not an absolute rule. ▪ Shariffuddin v/s Abdul Gani (A.I.R. 1980 S.C. 303) : Supreme Court said that while ‘interpreting the word ‘Shall’, the intention of the legislature should be considered and to know the intention of legislature, Content, imagination, etc. of statutes should be considered.
  • 10. The use of ‘May’ ▪ The word ‘May’ represent optional or discretionary acts or ifs provision. In other words. It could be said that. The word ‘May’ used in statute represents the discretionary powers of performance of that statute or its provision, (M. Jagmohan Reddy v/s Deputy Secretary, AIR, 1982 Andhra Pradesh 182). ▪ But. If liability has been imposed along with the discretion of public authority in a statute, the word ‘May’ be construed as ‘shall’ or ‘must’ (Ranga Swami v/s Sagar Textile Mills, A, I.R. 1977 S C. 1516),
  • 11. Similarly, if any provision contains both ‘Shall’ and ‘May’, then these words should be construed as Mandatory and Directory respectively. But this is also not an absolute rule. Ganesh Prasad v/sLakshmi Narain (A I R. 1995 S (1964) : It was said that in such matters, words should be construed in accordance with the intention of the legislature even though it may be in a different form.
  • 12. The use of ‘Must’ ▪ The word ‘Must’ represents compulsorily as mandatory. Such words should be construed as to be performed compulsorily. There is no place for Discretion
  • 13. ‘It must be Lawful’ ▪ The phrase ‘It must be Lawful’ represents duty. It includes both duties and powers. It provides powers to perform and function and simultaneously also imposes duty with it. Such provisions are required to be performed ▪ Lord Blackburn says that the words ‘it shall be lawful’ are not ambiguous. This is a phrase that provides power and jurisdiction. [Julius v/s Bishop of Oxford, (1880) 5 A.C. 214]
  • 14. ‘As he deems fit’ ▪ The Expression ‘As he deems fit’ represents discretionary powers to do an act. It depends upon the discretion of the Court to do any act or not. But it does not mean that the Court can act voluntarily. Courts are required to use this discretionary power in Accordance with Judicial Principles.
  • 15. Intention of Legislature ▪ In ‘Raza Buland Sugar Co. Limitred V. Municipal Board, Rampur’ – 1964 (10) TMI 82 - a Constitution Bench of the Supreme Court held that the question whether a provision is mandatory or directory, cannot be resolved by laying down any general rule and it would depend upon the facts of each case. As to whether a provision is mandatory or directory, would, in the ultimate analysis, depend upon the intent of the law maker and that has to be gathered not only from the phraseology of the provision but also by considering the nature, its design and the consequence which would follow from construing it in one way or the other. The Court has to consider the purpose for which the provision had been made, its nature, the intention of the legislature in making the provision, the serious general inconvenience or injustice to persons resulting there from when the provision is read one way or the other, the relation of the particular provision to other provisions dealing with the same subject as well as other considerations which may arise on the facts of a particular case, including the language of the provision.
  • 16. Procedural Provisions ▪ Generally, procedural provision is Considered of Directory Nature, provided that the intention of the legislature is not otherwise, but it is also not an absolute rule or principle. Provisions regarding the procedure can be Mandatory also. ▪ Raghunath v/s Sunder Das (A.I.R. 42 Kolkata 72) Provisions of Code of Civil Procedure. 1908 were considered to be Mandatory Nature.
  • 17. Public Duties & Private Duties ▪ In ‘Dattatraya Moreshwar Vs. The State of Bombay and others’ – 1952 (3) TMI 32 - it was held that it is well settled that generally speaking the provisions of the statute creating public duties are directory and those conferring private rights are imperative. When the provisions of a statute relate to the performance of a public duty and the case is such that to hold null and void acts done in neglect of this duty would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty and at the same time would not promote the main object of legislature, it has been the practice of the courts to hold such provisions to be directory only the neglect of them not affecting the validity of the acts done.
  • 18. Time Related Provisions ▪ Where there is the provision of performing an act within a time period, there shall be considered to be of Mandatory Nature otherwise Directory. In other words, it can be said that where time is the essence of the contract, such provisions are of Mandatory Nature Bhavnagar University v/s Palitana Sugar Mills Ltd. (A R2003 S.C. 511) : It was held where the limitation to do an act and its consequences have been expressed, their such provisions should be deemed Mandatory. ▪ If the legislature intents to completion of an act within a definite time period, then this intention is required to be provided in the statute, (Hindustan Life Insurance Company V/ s Life Insurance Corporation, A.I.R 1963 S.C. 1083).
  • 19. Conclusion ▪ There are various tests to determine whether a particular provision of statute is “mandatory” or “directory” in nature. Lord Campbell said that no universal rule can be laid down as to whether mandatory enactments shall be considered directory only or obligatory with an implied nullification for disobedience. ▪ Based on various judgements, it can be said that: ▪ any time limits prescribed in a subordinate legislation can only be termed as directory; ▪ a provision as to whether it is ‘mandatory’ or ‘director’ would depend upon the object of the enactment; and ▪ the consequences of violating the provision must not affect the interest of the other party and would defeat the purpose of the enactment.